You will now receive updates fromBreaking News Alert

Breaking News Alert

Documents reveal Mr Hancock, Ms Rinehart and Mrs Welker want to split the trust and install themselves as trustee of a new trust. They would then seek a ruling from the Australian Tax Office on any potential capital gains tax liability.

In happier times… Rinehart with estranged son John Hancock and youngest daughter Ginia Rinehart, who has stood by her mother, at the Telstra Business Women's Awards 2009. Photo: Telstra.com.au

The details of the acrimonious battle dividing the West Australian-based family can be revealed following a decision by the High Court to refuse Mrs Rinehart special leave to appeal against the discharging of suppression orders over the case.

Mrs Rinehart and Ginia, her youngest daughter, are seeking a permanent stay of the trust litigation, arguing all sides signed an agreement in 2006 to submit their disputes to confidential mediation or arbitration.

Mrs Rinehart's solicitor, Paul McCann, today issued a statement, saying she is "extremely disappointed that three of her children have adopted a course of making public a private matter and jeopardising family security".

The statement said: "The plaintiff children have seen fit not to follow sound advice from family friends that if they are not happy they should go out and earn for themselves.

This case is motivated entirely by greed and I have no doubt that one day soon my brother and sisters will regret putting money before family.

"Additionally the plaintiffs have each chosen multi million dollar homes with water views and swimming pools to enjoy."

Documents tendered to the court over the last six months include an email from Mrs Rinehart to Mrs Welker, sent on September 9, 2011.

"Hope, Enough is enough, your ill-considered action is now also causing media attention and jeopardising the lives of our family.

"Any prolonging of this unnecessary and irresponsible action and fishing trip and lawyer feast will cause continuing media attention and greater jeopardy for the safety of you and your children and family.

"Ryan’s instructions to pursue splitting - i.e. settling of the Trust first - are also misconceived. His game plan ... to appoint a new Trusteee and request that new Trustee seek a ruling from the ATO is flawed and risky and not in your best interests to say the least.

"It was again absolutely unnecesary given the significant dividend payments that were to start for you in January 2012, payments far, far greater than what you have been receiving from the Trust, and which could have continued to keep you in Netjets, expensive homes and an increasingly very privileged lifestyle for life. Without you having to work one day but given the work I’ve done could have had all this from January 2012.

"So please act responsibly and stop this litigation.’’

Ginia Rinehart continued to support her mother against her siblings in a statement issued immediately after the ruling.

"It is very painful to have my family's disagreement argued so publically in the Supreme Court," Ms Rinehart said in a statement issued by her lawyers.

"My loving and hardworking mother has only ever wanted the best for her children. My siblings and I were blessed with an exceptionally fortunate upbringing.

"This case is motivated entirely by greed and I have no doubt that one day soon my brother and sisters will regret putting money before family. Unfortunately, this realisation will come too late as the damage to our family and its good reputation will already have been done.

"My mother and I remain focussed on protecting our company group and continuing to invest in Australia.

"I am proud to be a part of my family's Australian legacy and most of all I am proud to be the daughter of such a strong business leader, role model and loving mother."

Mrs Rinehart claims her behaviour in early September 2011 was justifiable in the context of the regime agreed to under this 2006 deed.

Her lawyers had asked the High Court to extend the suppression orders at least until the NSW Court of Appeal hands down its judgment on the trust litigation.

Last December, the same appeals court discharged the suppression orders, ruling that the suppression of information about the legal proceedings would undermine public confidence in the administration of justice.

The Hope Margaret Hancock Trust was set up by Lang Hancock before his death in 1992 for the benefit of his four grandchildren.

It owns 23.45 per cent of the shares in Hancock Prospecting, Mrs Rinehart's flagship mining company.